Man Denied Building Permit To Sue

A Mahoning Township man whose building permit was issued and then revoked four years ago says he will sue the township for $12,000 in damages, even though the permit was reissued two months ago.

Walter Zlomsowitch of Lehighton R.2 was issued a building permit on Feb. 4, 1981, by the township's former zoning officer, Wallace Berger, to construct a shelter on his property to stable horses.

The township supervisors ordered the permit revoked a week later after the board was advised by the township's zoning hearing board that the Zlomsowitch property was in a Residential 2 District where the stabling of horses was not permitted.

Zlomsowitch, through his legal counsel, Attys. Michael Garfield and Daniel Zeigler, appealed the decision by the supervisors to Carbon County Court and then to the Commonwealth Court. The Commonwealth Court earlier this year handed down a decision favoring Zlomsowitch.

At a meeting of the reorganized township zoning hearing board on Feb. 5, it was noted that the Commonwealth Court had affirmed the zoning appeal filed by Zlomsowitch and his wife Carol, and since the supervisors did not wish to file an appeal with the Supreme Court, the newly appointed zoning officer, George Brennan, was directed to reissue the original building permit.

The legal counsel for Zlomsowitch sent a letter dated Feb. 12 notifying the township supervisors of a claim for damages which was incurred as a result of the "improper revocation" of the initial permit by the township.

The various categories of damages and their amounts listed were:

- Delay in building - cost increase, $2,762.

- Barn rental for horses, $1,565.

- Mileage to care for horses, $6,460.80.

- Mileage - legal services, $47.20.

- Lost wages - injunction hearing, $98.85.

- Cost of fence construction at barn, $67.50.

- Legal fees, $1,259.28.

The letter from the legal counsel to the supervisors suggested the board notify its insurance carrier of the claim.

At a meeting of the supervisors last Wednesday, the board members said they felt they were not liable for any damages for revoking the building permit from Zlomsowitch in 1981.

The supervisors also noted that the township's insurer, Burns Insurance Agency, Peckville, Lackawanna County, had informed the township solicitor, Atty. Thomas McCready, that it would not look into the matter until Zlomsowitch filed a complaint.

Zlomsowitch told the Sunday Call-Chronicle yesterday that his legal counsel is preparing a complaint against the supervisors.

Timothy M. Eckhart, chairman of the supervisors, said, "I don't feel the supervisors are responsible for any damages or costs by revoking the permit."

The solicitor also supported the board, saying, "As far as I am concerned, the board is not liable for anything. I don't think there was any liability on the part of the township. It is a shame that the insurance carrier is forcing Zlomsowitch into a law suit."